204 Pa. Code § 87.32 - Action by reviewing hearing committee member

(a) General rule. Enforcement Rule 208(a)(3) provides that, except where the complaint is dismissed because the complaint is frivolous or falls outside the jurisdiction of the Board, the reviewing hearing committee member may approve or modify the recommendation of the Office of Disciplinary Counsel concerning the disposition of a complaint.

(b) Approval.

(1) Failure of a reviewing hearing committee member to modify a recommendation within ten days after transmission by the Office of Disciplinary Counsel shall constitute approval of such recommendation.

(2) When in the judgment of the Chief Disciplinary Counsel prompt prosecution of formal charges is necessary for the protection of the public the Office of Disciplinary Counsel may reduce the period specified in paragraph (1) of this subsection to not less than 24 hours.

(c) Modification. If the reviewing hearing committee member determines to modify the recommendation of the Office of Disciplinary Counsel, the member shall set forth the determination on Form DB-3 (Referral of Complaint to Reviewing Hearing Committee Member) together with a brief statement of the reasons therefor. Such determination shall be one of the following:

(1) Dismissal of the complaint.

(2) A conditional or unconditional informal admonition.

(3) A conditional or unconditional private reprimand.

(4) A conditional or unconditional public reprimand.

(5) Prosecution of formal charges.

(d) Return of file. Upon making a determination, but in no event later than 48 hours after the expiration of the period set forth in subsection (b) of this section, the reviewing hearing committee member shall return the file to the originating district office of the Office of Disciplinary Counsel.

Notes

204 Pa. Code § 87.32

The provisions of this § 87.32 amended July 8, 1983, effective 7/9/1983, 13 Pa.B. 2138; amended March 11, 2005, effective immediately, 35 Pa.B. 1656; amended August 11, 2012, effective immediately, 42 Pa.B. 5156.